Filing Found to Be Not in Compliance With CAFC Rules Due to Lack of Electronic Filing Account

The U.S. Court of Appeals for the Federal Circuit found the notice of appearance for pencil importer Royal Brush Manufacturing's counsel in the company's appeal of an evasion finding to not be in compliance with the court's rules. Ronald Oleynik of Holland & Knight, the attorney listed on Royal Brush's Entry of Appearance, had not registered for an electronic filer account with the Federal Circuit's filing system. The form must be resubmitted once Oleynik has an electronic filing account, the notice said (Royal Brush Manufacturing, Inc. v. U.S., Fed. Cir. #22-1226).

In the case, Royal Brush is appealing a Court of International Trade decision which said that CBP properly found that the company evaded antidumping duties on cased pencils from China (see 2111010036). The case was notable since it was the first in which a court recognized a due process deficiency in CBP's Enforce and Protect Act investigations. The trade court said that CBP did not provide adequate public summaries of confidential information -- a shortcoming that was fixed by CBP then sustained by CIT.